Booth v. . Boston and Albany R.R. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. The action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff, while an employee of defendant, by a collision on the road of defendant.
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Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. The action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff, while an employee of defendant, by a collision on the road of defendant. The accident was the same by which a fireman and bralceman were killed, for whose deaths recoveries were had against defendant.. (See FliJce v. B. and A. B. R. Co., 53 1ST. Y., 550; Bjprmg v. B. and A.…
1Opinion of the CourtAndrews, J.
It is no answer to an action by a servant against the master, for an injury caused, by the master’s negligence, that the negligence occurred in the course and conduct of the business in which the servant was employed. For his own negligence the master is responsible to his servant equally as to any other person. The servant on entering the employment of the master does not assume the risks of the master’s negligence. He assumes the risk of the negligence of a co-servant; but the reason of the rule, which exempts the master from liability to one servant for the negligence of another ceases,…
2Cited by72 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Rogers v. LeydenIndiana Supreme Court · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
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